Bill Summary for Bill Number SB10-054

Date: 05/03/2010

Final
BILL SUMMARY for SB10-054

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 10-054 to the Committee on Appro	PASS

01:37 PM -- Senate Bill 10-054

Representative Levy, sponsor, presented Senate Bill 10-054 concerning the provision of educational services for juveniles against whom charges have been filed in district court. The reengrossed bill requires school districts to provide educational services for no more than four hours per week during the regular school year to juveniles who are charged as adults in criminal matters and are being held pending a trial in county jails or other facilities that detain adult offenders. The school districts are required to comply with the federal Individuals with Disabilities Education Act when the juvenile has a disability. The districts are not required to provide educational services to juveniles who have graduated from high school, received a GED, or refused such services. Juveniles who refuse services must be offered a weekly chance to accept services.

Educational services do not need to be provided in the absence of an appropriate and safe environment for the provision of such services or if the juvenile is violent toward or physically injures a school district employee or contractor. Proper notice must be given to the juvenile, his or her parent or legal guardian, the juvenile's defense attorney, and the court if no appropriate and safe environment is available.

Each school district in which a jail or other facility for the detention of adult offenders is located is required to designate a contact person, who may be the child welfare education liaison. When applicable, the designated contact person is responsible for contacting the juvenile detention facility in which the juvenile was previously held to request any educational or other necessary information. The contact person will also be responsible for ensuring that the juvenile receives educational services while he or she is detained in the jail.

The school district providing educational services may include a juvenile in its pupil enrollment if the school district provides services on or before October 1 or may seek reimbursement from another school district or charter school if the juvenile was included in the other district's or charter school's pupil enrollment for the applicable budget year. If the juvenile was not included in the state's pupil enrollment, the school district may seek reimbursement from the Colorado Department of Education (CDE). The school district providing services will also receive an amount equal to the daily rate established for approved facility schools multiplied by the number of weekdays during the period in which the juvenile is held and receiving services. A school district that provides special education services is also authorized to seek excess costs tuition for a juvenile with an individualized education program (IEP) from the juvenile's school district of residence. The per pupil amount for juveniles who are not counted in pupil enrollment and to pay the daily rate reimbursement for FY 2010-11 are appropriated from the Read-to-achieve Cash Fund.

The official in charge of a jail or other facility where a juvenile charged as an adult is detained pending trial is required to request educational services. He or she must provide an appropriate and safe environment for the provision of such services. Such officials are also required to annually collect specified nonidentifying data and submit the information to the Division of Criminal Justice (DCJ) in the Department of Public Safety. The DCJ is required to make such information available to a member of the public upon request.

Finally, when determining the appropriate placement for a juvenile offender who is charged as an adult, the juvenile justice community in the appropriate judicial district, the district attorney, and the defense counsel are required to consider the juvenile's educational needs.

Representative Levy distributed a fact sheet about the bill (Attachment A) and explained how the legislation would work. She responded to questions from the committee about the individuals who would provide the educational services in jails. The committee discussed whether putting the burden on the school districts rather than on the detention centers is the best policy choice.

01:57 PM -- Elenn Steinberg, representing herself, spoke in support of the bill. Ms. Steinberg expressed her surprise that this issue requires legislation. She believes it is simply the right thing to do.

01:58 PM -- Ted Tow, Colorado District Attorneys' Council (CDAC), spoke in support of the bill. Mr. Tow discussed the final disposition of most direct file cases. Most juveniles will eventually end up in a situation that provides educational services, but it hurts those juveniles to have a six-month gap in their education. He spoke about bed-sharing arrangements between jails. Mr. Tow responded to questions from the committee.

02:01 PM -- Dr. Jacque Phillips, Legal Center for People With Disabilities and Older People, spoke in support of the bill. Dr. Phillips discussed the day-to-day life of juveniles being held in county jails pending a trial. California currently has a law similar to the one proposed by the bill. She spoke specifically about the rights of juveniles with disabilities. Dr. Phillips talked about the safety concerns of the individuals who would provide educational services. She clarified that the bill requires the school districts to provide at least 4 hours per week except in the case of a juvenile with special needs who qualifies for services under the federal Individuals with Disabilities Education Act. She stated her opinion that the current situation is an embarrassing lawsuit waiting to happen.

02:09 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition and the Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Dvorchak distributed a pamphlet entitled "Caging Children in Crisis" (Attachment B). She provided statistics about juveniles who are housed in adult jails. She talked about the state requirement that juveniles be kept in sight and sound separation from the adult population in jails. Ms. Dvorchak discussed the educational services provided to juveniles in the Division of Youth Corrections. She stated her opinion that the bill is a step in the right direction toward closing gaps in education that occur as a result of direct filing. She responded to questions from the committee.

02:17 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in support of the bill. Dr. Barber spoke to the importance of a high school diploma with respect to rehabilitation success. He talked about the economic demographic of a high percentage of the juveniles who have charges directly filed against them.

02:20 PM -- Kris Ward, Office of the Children's Representative, spoke in support of the bill. Ms. Ward acts as a guardian ad litem and she spoke about her experience with juveniles detained in adult jails. She stated her opinion that not providing an education to these juveniles does not make sense.

02:24 PM -- Christine Watson, League of Women Voters of Colorado, spoke in support of the bill. Ms. Watson stated her opinion that providing educational services to juveniles helps to develop their brains and make them productive members of society.

02:26 PM -- Major Vicki Connors, Denver Sheriff's Department, testified about the bill. Major Connors explained that all juveniles who have charges direct filed against them must be housed in adult jails pending a trial. She spoke about the GED program for juveniles at the Denver jail. She talked about the average bond for direct file juveniles. She provided information about a grant she received to provide psychological services to juveniles in the Denver jail. Major Connors responded to questions from the committee.

02:32 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation. She addressed the opposition of the Colorado Association of School Boards, which did not send a representative to testify. Representative Gardner also commented on the absence of a representative from the Colorado Association of School Boards.


BILL:	SB10-054
TIME:	02:34:38 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 10-054 to the Committee on Appropriations with a favorable recommendation. Members of the committee commented about their positions on the bill. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Excused
	King S.	Yes
	Miklosi	Excused
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS